Abstract: |
Free, prior and informed consent (FPIC)
has been recognised as a process to ensure
the right of indigenous people and local
communities to give, or withhold, their
involvement in actions, activities, law and
policies that apply to, and affect, their land,
territories and natural resources. Its origin is
in the concept of indigenous people’s right to
self-determination, supported by international
treaties, such as the UN Declaration on the
Rights of Indigenous Peoples and Convention
169 of the International Labour Organization,
and is closely linked to customary and
historical connections with land. While
initially associated with indigenous peoples,
in the forestry sector and, more recently, in
the REDD+ discourses, it has been extended
to include ‘forest-dependent people’ and, in
some texts, ‘local communities’ (RECOFTC
2012). FPIC is an attempt to reconcile the
long history of interventions and development
practices that ignored people’s customary and
local rights and neglected negotiations seeking
informed consent from affected communities.
FPIC as a method is designed to encourage
decision-making based on people’s own norms,
customary and local rules and is meant to
allow them to reach agreement through their
own systems: it protects the right to participate.
It is, therefore, not merely about informing
and obtaining some form of consent but
rather also about the effective and meaningful
participation of indigenous peoples and local
communities, including women. FPIC is intended
to safeguard their material interests, cultures and
ecological values and minimize harm. The process
should be free from force, intimidation, coercion,
or pressure by anyone (government, company,
organisation). |
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